Provisional Waivers in Atlanta

Once you enter the United States unlawfully, the process of securing legal status becomes far more difficult. Thankfully, there may still be options available to you through what’s known as a provisional unlawful presence waiver. These waivers are invaluable for immigrants in the U.S. who are ineligible for adjustment of status. If you qualify for a visa but are required to leave the country to formally apply, provisional waivers in Atlanta may be the answer for you. Securing these waivers is not a simple process, making it crucial that you rely on the guidance of a dedicated family immigration attorney from our firm.

What is a Provisional Unlawful Presence Waiver?

If you entered the United States unlawfully, you are generally prohibited from adjusting your legal status in this country. This is the case even if you qualify for a visa thanks to sponsorship by an immediate family member. In these situations, you could be at risk of an immigration ban and may have to leave the country to apply for a visa through the consulate in your home nation.

Receiving a provisional waiver lets you remain in Atlanta while you move forward with your open immigration case. This can extend the time you have in the country by a matter of years, prevent your family from splitting up, and allow you to avoid the cost of international travel.

Who Qualifies?

Not everyone living in Atlanta is eligible for this type of provisional waiver. In order to qualify, applicants have to be at least 17 years old. They must also have an open immigrant visa case, meaning they have applied for a green card, and that process is ongoing. What’s more, they must also have paid the processing fee for their visa application.

One of the most important requirements for a waiver is the presence of a parent or spouse who is a citizen or lawful permanent resident of the United States. Anyone lacking a qualifying sponsor will not receive a provisional waiver.

Finally, there must be evidence that not allowing the immigrant to remain in the U.S. would lead to extreme hardship to the family member who is sponsoring them. This is a high bar that is substantially greater than a typical hardship, and establishing it can be challenging without the help of an attorney.

How to Apply

In Atlanta, the waiver application process can be complex, but applicants do not need to navigate it alone. Those who believe they meet the requirements must begin with Form I-1601A. This document establishes a relationship with a qualifying U.S. citizen or permanent resident and provides updated details about the applicant’s immigration case. Applicants must also submit the required filing fee with the form.

The federal government may take a significant amount of time to approve a waiver—sometimes years. Applicants can reduce the risk of delays or unfavorable outcomes by completing all forms accurately from the outset.

Talk to an Attorney About How Provisional Waivers in Atlanta Could Allow You to Stay

Securing a waiver often determines whether you remain in the U.S. for life or face deportation for up to a decade—or permanently. Our firm can work with you to determine if you qualify for provisional waivers in Atlanta. Before you leave the U.S. and face a potential immigration ban, contact us to learn how we can help.